Jonah Patel
The Kansas Constitution, also known as the Wyandotte Constitution, was adopted by voters on October 4, 1859, and has been amended 95 times since. It establishes a framework for state governance, including the powers, structure, and limitations of the government, as well as individual and civil rights. While most of its articles differ significantly from the U.S. Constitution, one may wonder if it includes an establishment clause similar to the one in the First Amendment of the U.S. Constitution, which forbids Congress from establishing a state religion.
| Characteristics | Values |
|---|---|
| Date of Adoption | October 4, 1859 |
| Original Name | Wyandotte Constitution |
| Number of Amendments | 95 |
| Last Amendment | November 8, 2022 |
| Number of Articles | 15 |
| Religious Liberty | The right to worship according to one's conscience; no religious test for public office |
| Right to Bear Arms | Expanded in 2010 |
| Suffrage | Limited to white males and "civilized" male Indians |
| Education | Funds for education and religious purposes to be preserved and applied to their original purpose |
| Executive Power | Divided between several state-level elected officials |
| Pardon Power | Subject to legislative regulation |
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What You'll Learn
Kansas Constitution's Bill of Rights
The Kansas Constitution has 15 articles outlining the structure of the state's government, including a Bill of Rights. The Kansas Constitution has remained largely unchanged since it was approved by Congress in 1861, when Kansas was still a territory. Notably, the Kansas Bill of Rights does not place provisions beyond the reach of constitutional amendment, unlike some other state constitutions.
The Kansas Bill of Rights includes provisions on equal rights, political power, religious liberty, habeas corpus, property rights of citizens and aliens, justice without delay, emoluments or privileges, and powers retained by the people.
Section 1 of the Kansas Bill of Rights states that "all men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness". This section has been interpreted by the Kansas Supreme Court as protecting individual rights of autonomy and reproductive freedom.
Section 2, which differs significantly from the 14th Amendment, has been interpreted as an "equal protection clause". It states that "all political power is inherent in the people, and all free governments are founded on their authority, and are instituted for their equal protection and benefit".
Section 7 guarantees religious liberty, providing that "the right to worship God according to the dictates of conscience shall never be infringed". It also states that no person shall be compelled to attend or support any form of worship, nor shall any control or interference with the rights of conscience be permitted. Additionally, no religious test shall be required for any public office or vote, and no person shall be incompetent to testify on account of religious belief.
Section 18, also known as the "open courts" or "right to a remedy" clause, guarantees justice without delay. It states that all persons suffering injuries in person, reputation, or property shall have a remedy by due course of law, and justice shall be administered without delay.
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Religious liberty in Kansas
The Kansas Constitution, originally known as the "Wyandotte Constitution", was adopted by voters on October 4, 1859, and has been amended 95 times since. The Kansas Constitution has 15 articles outlining the structure of the state's government, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The Kansas Constitution's Bill of Rights, which comes between the Preamble and Article 1, prescribes the rights of the citizens and sets up Kansas as a free state. Section 1 of the Bill of Rights states that "all men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness". This section has been interpreted by the Kansas Supreme Court as protecting individual rights of autonomy and reproductive freedom.
Section 7 of the Bill of Rights specifically addresses religious liberty, stating that "the right to worship God according to the dictates of conscience shall never be infringed". This section also prohibits any person from being compelled to attend or support any form of worship, and forbids any control or interference with the rights of conscience, including any preference given by law to any religious establishment or mode of worship. Additionally, it ensures that no religious test shall be required for holding public office or voting, and that no person shall be incompetent to testify on account of religious belief.
The Topeka Constitution, drafted in 1855, was the first constitution written for the Kansas Territory. It prohibited slavery and limited suffrage to white males and "every civilized male Indian who has adopted the habits of the white man". While this constitution was approved by a vote of 1,731 to 46, it was ultimately rejected by Congress, along with the request for Kansas to be admitted to the Union.
While the Kansas Constitution does not have an explicit establishment clause like the one in the First Amendment to the U.S. Constitution, which forbids Congress from establishing a state religion, the state's constitution, particularly Section 7 of the Bill of Rights, strongly protects religious liberty and ensures that no preference is given to any religious establishment.
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Kansas Constitution's amendments
The Kansas Constitution has been amended 95 times since it was first approved by Congress in 1861. The most recent amendment was approved by voters on November 8, 2022, with the addition of Amendment 2.
The Kansas Constitution can only be amended via a legislatively referred constitutional amendment or by a constitutional convention. For a legislatively referred constitutional amendment, either house of the Kansas State Legislature can propose an amendment, which requires a two-thirds majority approval from each chamber to be placed on a statewide ballot. A constitutional convention can be called if two-thirds of each house of the state legislature votes in favor, and the question of whether to hold a convention is then put to a simple majority vote. Any amendments that come out of the convention must also be put to a statewide vote.
The Kansas Constitution provides for broad rights, including the right to bear arms, reproductive autonomy, and education. Section 1 states that "all men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness." This section has been interpreted by the Kansas Supreme Court as protecting individual rights of autonomy and reproductive freedom. Section 2 has been interpreted as an "equal protection clause," despite its differences from the 14th Amendment.
Article 1 of the Kansas Constitution addresses executive power, differing from the federal constitution's focus on legislative power. Kansas divides executive power between several state-level elected officials, including the governor, lieutenant governor, attorney general, and secretary of state. The governor has typical executive powers, such as enforcing laws and overseeing state agencies, but their pardon power is subject to legislative regulation.
The Kansas Constitution also includes provisions for religious liberty, property rights of citizens and aliens, justice without delay, and the right to habeas corpus.
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Kansas Constitution and slavery
Kansas was a territory until it was admitted to the Union as a free state in 1861. In the late 1850s and early 1860s, four draft constitutions were produced for Kansas—two pro-slavery and two anti-slavery. The Kansas Territory was a battleground between pro- and anti-slavery groups vying for political control and committing acts of violence. This period was known as "Bleeding Kansas".
The first attempt to write a constitution for Kansas emerged as a movement—the Topeka movement—in reaction to unfair elections that gave the pro-slavery party initial control of Kansas' territorial government. The "bogus" legislature convened at Pawnee on July 2, 1855. The Freestaters gathered in convention at Lawrence on August 14 and Big Springs on September 5, and delegates assembled at Topeka on October 23, 1855, to draft a constitution. The document was approved on December 15 by a vote of 1,731 to 46. The pro-slavery "Law and Order" party did not participate in the voting on the document. The Topeka Constitution prohibited slavery in the state. However, it limited suffrage to white males and "every civilized male Indian who has adopted the habits of the white man." Congress rejected this constitution and Kansas's request for admission to the Union.
In 1857, a second constitutional convention met in Lecompton, drafting the Lecompton Constitution—a pro-slavery document endorsed by President Buchanan. The constitution was submitted to Kansans for a vote on a special slavery article, but Free-Staters refused to participate, knowing that the constitution would allow Kansas slaveholders to keep existing slaves even if the article in question was voted against. The Lecompton Constitution, including the slavery article, was approved by a vote of 6,226 to 569 on December 21, 1857. However, Congress ordered another election due to voting irregularities. On August 2, 1858, Kansas voters rejected the document by 11,812 to 1,926.
The fourth and final Free State proposal was the Wyandotte Constitution, drafted in 1859. It represented the anti-slavery view of the future of Kansas. It was approved in a referendum by a vote of 10,421 to 5,530 on October 4, 1859. With Southern states still in control of the Senate, confirmation of the Wyandotte Constitution was indefinitely postponed. When senators from the seceding states left in January 1861, Kansas was immediately admitted as a free state.
On February 23, 1860, the Territorial Legislature passed a bill over the governor's veto abolishing slavery in Kansas. The Kansas Constitution has remained largely the same since it was approved by Congress in 1861. It includes a provision that "all men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness."
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Kansas Constitution's right to bear arms
The Kansas Constitution, approved by Congress in 1861, has been a source of expanded rights for Kansans, including the right to bear arms, reproductive autonomy, and education. Most of its articles differ significantly from those in the U.S. Constitution. For instance, Article 1 of the Kansas Constitution addresses executive power, while its federal counterpart addresses legislative power.
The Kansas right to bear arms was expanded in 2010 to explicitly include a variety of activities and purposes. This expansion came after the U.S. Supreme Court held that the Second Amendment creates an individual right, but failed to define the right's scope clearly. The Kansas Supreme Court has also interpreted Section 2 as an "equal protection clause", despite its differences from the 14th Amendment.
In 2024, Representative Blake Carpenter introduced an amendment to the Kansas State Constitution that would further enshrine the right to keep and bear arms. This amendment would clarify that the existing constitutional right includes firearm components, accessories, ammunition, and any future restrictions enacted would be subject to strict scrutiny. The proposed amendment will be brought before Kansas voters for a popular vote during the general election in November 2024.
The right to bear arms in Kansas has been a topic of discussion for the National Rifle Association of America's Institute for Legislative Action (ILA), which was established in 1975. The ILA is responsible for preserving the right of law-abiding individuals to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.
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Frequently asked questions
The Establishment Clause is a limitation placed on the United States Congress, preventing it from passing legislation that establishes an official religion. It also makes it illegal for the government to promote theocracy or a specific religion with taxes.
No, the Kansas Constitution does not have an Establishment Clause.
The Kansas Constitution has a Preamble, a Bill of Rights, and 15 articles outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Most of Kansas's articles differ significantly from those in the U.S. Constitution. For example, Article 1 addresses executive power, and Kansas divides this power between several state-level elected officials, including the governor, lieutenant governor, attorney general, and secretary of state.
Yes, the Kansas Constitution protects religious liberty in its Bill of Rights. Section 7 states that the right to worship God according to one's conscience shall never be infringed, nor shall any person be compelled to attend or support any form of worship. It also states that no preference shall be given by law to any religious establishment or mode of worship.
